Convicted murderer gets life

Cross sentenced under state’s ‘three strikes’ rule

December 4, 2012

MARTINSBURG - A Martinsburg man convicted of second-degree murder in June, who was later tried as a recidivist in October under West Virginia's "three strikes rule," was sentenced to life in prison with the possibility of parole Monday during a sentencing hearing in Berkeley County Circuit Court.

James G. Cross Jr., 34, who is currently incarcerated at Eastern Regional Jail, and a co-defendant, Thomas Anthony Grantham, 36, also of Martinsburg, were found guilty of second-degree murder, attempted murder and malicious assault following a jury trial June 18 in connection with a fatal stabbing.

The April 23, 2011, incident on Rock Cliff Drive left Andre Jackson, 21, of Hedgesville, dead and Jacques Taylor, of Kearneysville, wounded.

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Cross

Berkeley County Prosecuting Attorney Pamela Games-Neely filed a recidivist action against Cross in August following his murder conviction, alleging he had two prior felony convictions.

Under the state's recidivist statute, sometimes called the "three strikes rule," a person convicted of two felony offenses can see their sentence enhanced to a life sentence if they are convicted of a third or subsequent felony offense.

A jury deemed Cross to be a recidivist following a single-day trial on Oct. 23.

He was sentenced Monday by West Virginia 23rd Judicial Circuit Court Judge Christopher Wilkes to the maximum 40-year prison sentence for his conviction for second-degree murder, one to three years in prison for his attempted murder conviction and life in prison for his malicious assault conviction, which was the conviction the state chose to enhance through the recidivist proceedings.

Wilkes ordered that the sentences for attempted murder and malicious assault run concurrently. but consecutive to Cross' sentence for second-degree murder. Cross was also ordered to pay $8,322 in restitution.

"I think - given the circumstances of this case - it's the most appropriate sentence," Wilkes said.

Prior to sentencing, the court heard a victim impact statement from Jean McCray, Jackson's maternal grandmother, who told Wilkes that her entire family was torn apart by the murder of her grandson.

"We couldn't even believe that this had happened," McCray said.

McCray said she is a Christian "saved since 1981," but said she finds it very difficult to forgive Cross for killing her grandson, whose daughter just celebrated her second birthday in November and will never know her father.

"My desire is that this man gets all the time that he can get. I don't have sympathy for him. Right now, I don't forgive him, and I pray that he gets the longest sentence he can get," McCray said.

The court also heard from Prezioso, who said that his client was very remorseful for what occurred.

"Obviously, we went through a trial, a very emotional trial. He is remorseful and very apologetic. This affected him very, very deeply," Prezioso said.

Cross, who appeared in court shackled and wearing an orange prison jumpsuit, also read a statement to the court. He first apologized to his family and thanked them for sticking by him, and he later said he was sorry that Jackson died.

"To the Jackson family, I want them to know that I'm sorry for their loss," Cross said.

He stopped short of accepting responsibility and reasserted his claim he was acting in self-defense, stating he was "not a violent person," he was attempting to flee the altercation and that there was no intent for Jackson to die.

"By all intents and purposes, at no time was I the aggressor," Cross said.

Games-Neely described the attack that left Jackson dead and Taylor wounded as "brutal," and said that was no reason for the crime to have occurred.

Prior to handing down his sentence, Wilkes was unable to reconcile Cross' claim of self-defense with the evidence presented at his murder trial.

"I just can't wrap my mind around that. The evidence just doesn't show it," he said of Cross' version of events.

He said all the evidence at trial, including eyewitness testimony, indicated that the fatal altercation occurred when Cross and Grantham got out of their car and ran to the victims' car. He also said all of the physical evidence, including blood, was located in the victims' car and nothing was found in the car Cross was in.

"A long period of incarceration is necessary. That's why have a recidivist statute," Wilkes said.

Cross' co-defendant, Grantham, was sentenced in August to 40 years in prison for his conviction for second-degree murder, one to three years in prison for his conviction for attempted murder and two to 10 years in prison for his conviction for malicious assault.